Kornicki v. Shur

Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered on or about October 5, 2012, which granted defendant’s motion to dismiss the complaint for failure to state a cause of action, unanimously affirmed, without costs.

The allegations set forth in the complaint, as supplemented by the allegations in plaintiff Kornicki’s affidavit submitted in opposition to the motion, fail to adequately state a claim for negligent infliction of emotional distress or breach of duty. Plaintiffs allege that defendant, among other things, called plaintiff Kornicki a “criminal” in front of her children while…